Trexler v. Kuntz

Citations

• 36 Pa. Super. 352
• 1908 Pa. Super. LEXIS 170

Syllabus

<p>Equity — Equity jurisdiction — Equitable assignment — Multiplicity of suits — Accounting. /] A</p> <p>Where a building (Mmfcractor assigns moneys due him from the/mer, and the assjgnuq notifies the owner, the ; ' ment is an equitable assignment, afrcFnas priority over an earli ¡ignment as to which no signments are followed by attachments against the moneys due by the owner to the contractor, and the fund is not sufficient to pay all of the ity against the' ownerHaaid the other claimants, for an accounting, and for a distribution of the fund. In such a case the remedy-in-equity-is jnore convenient aq.d. adequate, and the assignee will not be driven to his remedy at law. notice had been given to the owner. In a case where the two as-claims, and has notJn fast been definitely-ascertained as to amount, the owner of the equitable assignment having priority, may file a bill in equiSSl</p> <p>Constitutional law — Mechanics’ liens — Attachment execution — Act' of June 4, lfiOl^P. L. 431.</p> <p>The provisions of the Act of June 4, 1901, P. L. 431, which gives to a subcontractor or material man the right to issue an attachment execution against the owner or other party indebted to the contractor for labor or materials furnished, is special legislation in favor of a special class of creditors, and offends against art. 3, sec. 7, of the constitution which forbids the general assembly from passing any local or special law “ providing or changing methods for the collection of debts, or the enforcement of judgments.”</p>